ENTERTAINMENT LAW
FINAL EXAMINATION
PROFESSOR MARC GREENBERG
FALL 2002
WEDNESDAY, DECEMBER 18
1. This is an open book, open materials exam. You may use any notes, books or other
materials to assist you in responding to the questions.
2. You have three (3) hours to complete this exam. You are not required to spend the entire
time working on the exam - the average time for completion is between two and three
hours. You should outline your response to each question, before writing the response. I
recommend that you spend one third of the time on each question creating your outline,
and the remainder of your time writing your answer. For example, if you spend 1.5 hours
per question, devote .5 hours to the outline, and 1 hour writing the answer.
3. There are two (2) essay questions on this exam. Each question is worth fifty (50) points.
Answer each question as fully as you can, citing any appropriate cases, industry standards,
and statutes that are relevant.
4. Do not write on both sides of the page. Write legibly or print if your handwriting is
difficult to read. If I cannot read your response to a question, your grade will be adversely affected.
5. Write your exam number on your exam envelope, all used blue books and at the top of this exam question packet. Do not use your name, student ID number, or Social
Security Number on any exam materials.
6. At the conclusion of the exam, return all test materials, including blue books, scratch paper, and this exam question packet to the envelope and submit it to the proctor.
QUESTION NO. 1 (50 Points)
The natural father and mother of HALEY COMET, a nine-year old child actor, who recently
starred in a movie parody in which his best-known line was "I smell dead people", have
approached you for legal advice. A reporter for the Enquirer tabloid newspaper has discovered
that HALEY has seven (7) toes on his left foot, a result of his mother having been infected by
syphilis from her husband during her pregnancy with HALEY.
The Enquirer publishes the story of HALEY'S foot. Interested by the story, famed singer/musician
Michael Jackson contacts HALEY's parents and convinces them to sign a contract allowing
HALEY to move into Jackson's house to work on a parody movie called My Left Foot,
and the
Enquirer also writes about this project. HALEY, who attends a public elementary school in
Beverly Hills, California, is laughed at by other students and called names during recess, leaving
him very upset.
HALEY's parents ask your advice on the following questions:
1. Can they sue the Enquirer? On whose behalf may they sue? What claims can be asserted?
In what court may they sue? Who is likely to win and why? What recovery is available for
any such claims?
2. Is the contract they signed with Michael Jackson enforceable? They are concerned about
letting HALEY move into Jackson's house because of rumors that Jackson was involved in
child molestation case. What options do they have with respect to canceling the
contract? If they cannot cancel the contract, what should they have done in the contract
negotiation stage to have possibly addressed their new concerns?
QUESTION NO. 2 (50 Points)
You represent a San Francisco singer/songwriter whose stage name is ELEKTRA. Your client has contacted
you for advice about three contracts she has signed. In particular, she wants to know if the contracts involved
are within the industry standard in the entertainment business. If they are not, she asks you for advice as to
how to get out of those deals. If litigation is necessary, she wants to know what is the appropriate court in
which a case should be filed. Finally, she asks what defenses are available to the defendants in any suit she
files.
Her local attorney, Matt Murdock, presented the three contracts to her. Matt offered to get her started in an
entertainment career by serving as her attorney, her music publisher, and her talent agent. The only license
Matt holds is as an attorney. The contract ELEKTRA signed for Matt's legal services requires her to turn
over to him 45% of her gross earnings in the entertainment business in exchange for his legal services, which
are limited just to negotiating entertainment contracts for her - all other transactional and litigation work she
needs will have to be done by another attorney. The talent agent contract allows Matt, whose place of
business is his apartment, to receive a fee equal to 20% of all entertainment income ELEKTRA receives, in
exchange for his services booking her into live engagements singing her original songs. Finally, the music
publishing agreement is for a ten-year term, during which the copyright to all songs she writes is transferred
entirely to Matt. All income earned from any songs is to be crosscollateralized against any losses incurred by
Matt. Matt charges all of his business expenses, both when he is acting as a publisher, and as a talent agent,
against ELEKTRA's music publishing income.
ELEKTRA asked Matt, before signing these contracts, whether she should seek independent counsel. Matt
became upset when she asked the question, and told her she didn't need other counsel, since these
agreements were "standard" in the music business. He threatened to stop helping her in her career if she
went to another lawyer. Faced with that threat, she signed the contracts without the benefit of counsel.
What is your advice to ELEKTRA?